Estate plan

Ohio

Everything to plan your estate in Ohio: execution requirements, the documents we generate, statutory citations, and the exact wording our generators insert.

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Will, living trust, durable power of attorney, and healthcare directive. All four documents, all valid in Ohio, all for $29/year.

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Ohio content last reviewed May 18, 2026.

Will

2W

Trust

POA

N

Healthcare Dir.

2W

E-will

Not adopted

RON

Limited

Since 2019, not all documents

ROW

Not allowed

Remote online witnessing

Community property

No

Minimum age

18

NW + N = N witnesses + notarizationNW = N witnesses, no notarizationN = notarization, no witnesses = no formal requirements
1

Will

Ohio Rev. Code §2107.01 et seq.

Witnesses: 2 required

Two competent witnesses (each 18 years or older per Ohio Rev. Code §2107.06) must attest and subscribe in the testator's conscious presence; §2107.03 defines 'conscious presence' as within the range of any of the testator's senses, excluding the sense of sight or sound that is sensed by telephonic, electronic, or other distant communication

Notarization: Recommended

Not legally required, but recommended for self-proving affidavit

Holographic will: Not valid

Ohio does not recognize handwritten wills without witnesses

Self-proving affidavit: Not available

Witnesses may need to testify during probate

ViewWitness disqualification / interested-witness rule
Each witness must be eighteen (18) years of age or older (Ohio Rev. Code §2107.06); a devise or bequest to a person who is one of only two witnesses is void under §2107.15, although the witness may recover up to the intestate share, with other beneficiaries contributing as for an after-born child under §2107.34. Adding a third disinterested witness preserves the gift
2

Living Trust

Witnesses: None required

No formal execution requirements beyond settlor signature; notarization strongly recommended when funding real property

Notarization: Recommended

Not legally required for the trust document, but needed to transfer real property

3

Durable Power of Attorney

Witnesses: None required

No witnesses required for power of attorney

Notarization: Required

Notarization is required for a valid durable power of attorney

State-specific notes

Signature must be acknowledged before a notary (Ohio Rev. Code §1337.25 creates the presumption of genuineness, and §1337.04 requires acknowledgment for any POA used to execute a real-property instrument). An un-acknowledged POA is routinely refused by Ohio banks, brokerages, and county recorders even if signature-only execution might technically be valid between principal and agent; treat acknowledgment as required.
Durability is presumed unless the instrument states otherwise
A POA used for the execution of a real-property instrument must be properly executed and acknowledged by the principal before the related deed or mortgage is executed, and recorded with the county recorder of the county where the property lies before the related instrument is recorded (Ohio Rev. Code §1337.04, as amended by S.B. 94 of the 135th General Assembly, effective Oct. 24, 2024; see also general acknowledgment of real-property instruments under §5301.01). The 2024 amendment allows curative late recording of an unrecorded POA on a supporting affidavit, and a POA on record for ten or more years is presumed valid even if not previously of record
4

Healthcare Directive

Ohio Rev. Code §§1337.11-1337.17 (Health Care POA); §§2133.01-2133.15 (Living Will / declarations regarding life-sustaining treatment)

Witnesses: 2 required, or notary

Ohio accepts either 2 witnesses or notarization

Notarization: Accepted as alternative

Acknowledged before a notary public; Ohio Rev. Code §§1337.12 and 2133.02 each authorize notarization as an alternative to two witnesses

State-specific notes

Witnesses for the Health Care POA cannot be related to the principal by blood, marriage, or adoption; the named attorney-in-fact or alternate; the attending physician; or the administrator of any nursing home in which the principal is receiving care (Ohio Rev. Code §1337.12(B))
Witnesses for the Living Will cannot be related to the declarant by blood, marriage, or adoption; the attending physician; or the administrator of any nursing home in which the declarant is receiving care (Ohio Rev. Code §2133.02(B)(1))
Ohio does not prescribe a single mandatory statutory form; however, any printed Health Care POA distributed in Ohio must include the §1337.17 'Notice to Adult Executing This Document' verbatim, with the conspicuous-formatting requirements (capital letters, boldface) preserved
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Appointment of Representative for Disposition of Bodily Remains

Names the agent who controls funeral, burial, or cremation decisions, with optional preferences.

In this state: Ohio recognizes a statutory Appointment of Representative for Disposition of Bodily Remains; we follow that form. (Ohio Rev. Code §§2108.70-2108.73)

HIPAA Authorization

Stand-alone PHI release that survives death for the period you specify, separate from the in-life authorization in your healthcare directive.

In this state: Cites Ohio Rev. Code §5119.27 and §5122.31 (mental health and substance-use records) and §3701.243 (HIV). The 42 CFR Part 2 carve-out in Section III governs federally-protected substance-use-disorder program records and is reaffirmed in the addendum.

Nomination of Conservator

Pre-nominates the person you want a court to appoint if a conservator (or guardian of the estate) is ever needed.

Business Succession Declaration

Identifies your interests in any closely-held businesses and how they should be transferred or wound down.

Real-Estate Retitling Checklist

Step-by-step instructions for transferring real-property deeds into your trust so the trust actually controls those assets.

Letter of Instruction

Non-binding personal note to your executor and family: where to find documents, account access, funeral wishes, and other practical guidance.

Free vs. paid

Free
Paid
All 4 state-specific documents
State-specific signing guide
Download as PDF, print forever
Secure online storage
Covers real estate, business, digital, and funeral wishes
Disposition of remains authorization
Standalone HIPAA authorization
Nomination of conservator
Business succession declaration
Real-estate retitling checklist
Special needs trust provisions
Letter of instruction, pre-filled and editable
Edit anytime
Annual review reminder
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Electronic will status

Ohio has not adopted electronic will legislation. A traditional paper will with physical signatures is required.

Digital assets access

Ohio has adopted RUFADAA (2017). This is the Revised Uniform Fiduciary Access to Digital Assets Act, which lets your executor, trustee, or agent access your email, social media, cryptocurrency wallets, cloud storage, and other digital accounts after death or incapacity.

To take advantage of RUFADAA, your will, trust, or power of attorney must explicitly grant authority to access digital assets. Without explicit authorization, service providers can deny access even to a court-appointed executor.

Remote online notarization (RON)

Ohio authorized RON in 2019.

Will

Not allowed

Trust

Allowed

POA

Allowed

Remote online witnessing (ROW)

Ohio does not allow remote online witnessing for estate planning documents. Witnesses must be physically present when you sign.

Will

Not allowed

Trust

Not allowed

POA

Not allowed

HC Directive

Not allowed

This information is general in nature and not legal advice. Laws change. Consult a licensed estate planning attorney in Ohio for guidance specific to your situation.

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